[JURIST] California voters passed Proposition 36 [official website; official ballot guide] on Tuesday, modifying the state's "three strikes" law [California Penal Code § 667] to apply a mandatory life sentence only if the third strike is a serious or violent crime. Before the referendum, the three strikes law would mandate a life sentence for a third conviction after two convictions for violent felonies. In practice, this resulted in a number of life sentences for "third strike" convictions that were lesser, often non-violent, felonies. It is estimated there are 3,500 inmates in California serving life sentences due to non-violent felony convictions. With the passage of Proposition 36, "third strikes" will result in twice the minimum sentence of the non-violent felony for which the citizen is convicted. Proposition 36 passed with 68 percent [state election materials] of the vote.

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